Definition of Terms

"RealBiz", "us", "we" and "our" means RealBiz.
"System" means the computer system, programming and communication facilities required by RealBiz for the operation of it's web hosting service.

"Service" means the web hosting provided by RealBiz to customers subscribing for that web hosting.

"Client ", "Customer" and "You" means the party or parties who enters into this agreement with RealBiz.

Website Development Service Scope

RealBiz owns the exclusive rights to the template base used for development of clients websites and grants a non-exclusive license for use of these templates. Upon termination of the working agreement the client may request a copy of their website inclusive of the license to continue using the template base owned by RealBiz.

We will endeavour to create your website using Your chosen template and the content provided by You, in accordance with Your wishes.

Upon completing a draft version of the website design, we will present this to You to be reviewed online. The draft version will be deemed to be approved by You, unless you notify Realbiz otherwise in writing within 7 days.

We will complete quality assurance checks and browser compatibility checks for Internet Explorer (Version 6 and later) and Mozilla Firefox. Extensive testing on various platforms is not a part of the standard service and total compliance with all technical and software environments is not a guarantee.

Within thirty days of when your approved website has been published, we will correct any error found on the website pages where the error is a result of our failure to convert correctly Your submitted content word for word. These corrections will be made free of charge.


Terms of payment

In consideration of RealBiz providing you with the service, you agree to payment as follows:

Payment for hosting shall be six monthly in advance.

You shall pay on invoice the amount owed within 7 days of the date of issue of the invoice.

If collection for payment is unsuccessful, you will have 5 working days from notification by us of the unsuccessful collection to make payment, after which your account will be suspended.

Design Acknowledgment
Realbiz reserves the right to include an acknowledgement that the website design was completed by us, including a link to its website, in small type at the bottom of each website page of Your website.

Web Hosting Service scope

RealBiz reserves the right to modify, enhance and withdraw the service and alter policies and service guidelines.

Validity of the agreement

Either party may terminate the agreement on 7 working days' written notice to the other party.

RealBiz reserves the right to cease immediately without liability (other than the refund of unearned prepaid service fees) to provide the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement subject to our terms or usage policy.

Assignment and Delegation

We may assign or transfer our rights and responsibilities under this contract to another party.

We may also subcontract the performance of any of our responsibilities under this contract to another party.

You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.

Customer Information

You agree, for the purposes of this contract and the performance of our obligations to you, that we may collect information about you. The information we collect about you may be obtained from you and others. We may obtain information about you when the services offered to you are used, either by you or anyone else.

You may decide not to provide any information sought from you. If you do not provide it then we may not be able to provide our services to you.

We may use the information we hold about you and may exchange information about you with our contractors, agents and representatives, with other carriers, and with credit reporting and debt collection agencies for the purposes of our business.
You may obtain access to, and correct, any information held by us under the Privacy Act 1993.

Liabilities

You agree that RealBiz will not be liable for any indirect or consequential damages, including but not limited to loss of profits or for any claim made on the client by any other party, even though RealBiz may have been notified of such damage or claims.

We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this Agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.

You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by us to you under this Agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by you for publication by us.

Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. RealBiz does not screen in advance customer material submitted to RealBiz for publication. RealBiz' publication of material submitted by customers does not create any express or implied approval by RealBiz of such material, nor does it indicate that such material complies with the terms of this agreement.

Applicable law

The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.

Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.

This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.

Web Site Content

All RealBiz services may be used for lawful purposes only. We prohibit transmission, storage, or presentation of any information, data or material in violation of any New Zealand or United States law. This includes copyrighted material, threatening or obscene content, pornography and sex-related selling. Pirated software, illegal MP3s, hacking programmes and 'warez' sites are prohibited on RealBiz servers. Similarly, sites that promote any illegal activity or content that may be damaging to our servers (or any other server on the Internet) are prohibited on RealBiz servers. Links to such materials are also prohibited. Sites or customers selling or promoting bulk email services or any 'spamming' services are prohibited on RealBiz servers. Libellous or slanderous material is prohibited on RealBiz servers. The customer agrees to indemnify and hold RealBiz harmless from any claims resulting from use of the service that damages the subscriber or any other party. We will be the sole arbiter as to what constitutes a violation of this provision.

Disclaimer

RealBiz shall not be liable for any damages suffered by any user of these services, nor be liable for any claims or damages whatsoever or howsoever caused, including without limitations to property damage, loss of profits, interruption of business, intellectual property infringement, personal injury, or for any special, consequential or incidental damages, whether arising out of the client's inability to use the service, breaching of warranty, contract, liability or otherwise.

Services are provided by RealBiz on an 'as is, as available' basis. RealBiz specifically disclaims any other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. In no event shall RealBiz be liable for any consequential, indirect, special or incidental damages, even if RealBiz has been advised by the customer of the possibility of such potential loss or damage. If RealBiz' service to customers is disrupted or malfunctions for any reason, RealBiz shall not be responsible for losses of income due to disruption of service, beyond the fees paid by the customer to RealBiz for services, during the period of disruption or malfunction.

RealBiz is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider its customers may utilise.
RealBiz does not represent or warrant that customers will receive continual and uninterrupted service during the term of this agreement. In no event shall RealBiz be liable to customers for any damages resulting from or related to any failure or delay of RealBiz to provide service under this agreement.

Notwithstanding anything herein contained or implied no employee, agent or director of RealBiz will be liable to the customer for any breach of duty or care in contract, tort, equity or otherwise in relation to the performance of obligations under this contract or in relation to the subject matter of this contract.

This agreement shall become effective on the date of your agreement with us for the service.

You shall be deemed to have read this agreement and agree to be bound by this agreement. This agreement shall supersede all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement.

If, for any reason, any provisions of this contract cannot be enforced or relied on be either of us, all other terms of our contract with you remain binding.

Non Waiver

Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.